Big Day on the House Floor Tomorrow! Governor Brownback Wants Control of the Supreme Court!

House Concurrent Resolution 5005 will be debated on the House floor tomorrow. This resolution has been demanded for several years by Governor Brownback and legislators opposed to the school finance decisions handed down by the Kansas Supreme Court

Under the Kansas Constitution, a Supreme Court Nominating Commission first reviews the qualifications of persons who wish to be appointed. That commission, made up of representatives of the legal profession, chooses the three most qualified applicants to the Governor who selects one of the three to sit on the Supreme Court. This is known as the “merit selection system.” It is in the constitution to ensure that selection of justices is not a political decision and that justices are not subject to the prevailing political winds and instead focus on the law itself.

HCR 5005 would give the Governor full power to select justices on his/her own subject only to a confirmation vote by the Kansas Senate. As has become all too common in the federal system which HCR 5005 mimics, the selection of justices would become highly politicized in an attempt to ensure that the courts will uphold the political ideology of the Governor regardless of the rule of law.

KNEA opposes HCR 5005. Since it is a constitutional amendment, it would have to be placed on the ballot for a vote of the people. To get on the ballot the resolution must get a supermajority in the legislature – 84 votes in the House.

On day two of Bradford week in the House Education Committee, a hearing was held on HB 2457. This bill takes the current corporate tax credits for private school vouchers law and expands it exponentially.

HB 2457 would:

make the tax credits available to corporations and individuals,

eliminate the requirement that an eligible student is an at-risk student,

eliminate the requirement that an eligible student is in a public school now,

eliminate the requirement that an eligible student is currently in a Title 1 Priority or Focus school,

set income eligibility as 250% of the federal poverty level which is more than $60,000,

change the tax credit from 70% to 100%,

increase the tax loss to the state treasury to $12.5 million.

The proponents of the bill were Rep. John Bradford (R-Lansing), the Kansas Policy Institute, Americans for Prosperity, the Kansas Chamber of Commerce, Success for Kansas Students (represented by former public school superintendent Bart Goering), Bishop Wade Moore of Wichita (founder of Urban Preparatory Academy), and the Kansas Catholic Conference.

Opponents were parent groups Game on for Kansas Schools, Kansas Families for Education, the Kansas PTA, Mainstream Coalition, and the Goddard Education Foundation; public school groups KNEA, KASB, Northwest Kansas Educational Service Center, USD 501 Topeka, and USD 204 Bonner Springs; individual opposing were David Hand of Kanopolis and Marvin Miller of Wichita.

We will continue to watch this bill in the event that the committee chooses to work the bill.

Tomorrow the Committee will have a hearing on HB 2504, Bradford’s massive school consolidation bill.

What do you think about expansion of tax credit vouchers for private schools? Take our survey now.

House Commerce Committee Considers Bargaining Transparency

A bill requiring public collective bargaining meetings to be held in open meetings, HB 2325, had a hearing in the House Judiciary Committee today. KNEA testified as neutral on the bill since its provisions already apply to the Professional Negotiations Act under which teachers and community college/tech college instructors negotiate.

Appearing in support of the bill were AFT/Kansas and the Kansas Organization of State Employees. The Kansas Chamber of Commerce submitted written testimony in support. Negotiations under the Public Employer Employee Relations Act (PEERA) are not currently open. Our fellow public employee unions felt opening the meetings would be beneficial to the process.

Opposition came from the Fraternal Order of Police and the Kansas State Troopers Association.

No action was taken on the bill today.

House Judiciary Committee Hears Bill Criminalizing Teaching Materials

Senate Bill 56 rose from last year’s dustbin to get a hearing the House Judiciary Committee today. This bill was thought to be bottled up in Committee and is evidence that no bad idea ever really dies under the dome.

This is the bill that removes the “affirmative defense” from teachers.

Let’s say a parent files a complaint that you taught pornography by having your students read The Scarlet Letter in your literature class or you showed a photo of Michelangelo’s David in your art history class. Under current law you can use the affirmative defense of the literary, artistic, or educational value of the materials. This bill essentially says the complainer is right.

While we doubt that there would be many teachers dragged before grand juries, the bill would cause school districts and teachers to self-censor materials. If one has a student in class whose parent is likely to disapprove of a book, one will no longer teach that book.

This is a terrible policy that jeopardizes the quality of education in every building. It would apply to public and private school teachers in Kansas.